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COMMUNITY AMBULANCE COVER AND OTHER ACTS AMENDMENT BILL 2007

         Queensland



Community Ambulance Cover
and Other Acts Amendment
Bill 2007

 


 

 

Queensland Community Ambulance Cover and Other Acts Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Community Ambulance Cover Act 2003 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Replacement of s 10 (Meaning of standard contract) . . . . . . . . . 8 10 Meaning of customer sale arrangement. . . . . . . . . . . 9 5 Amendment of s 14 (Meaning of on-supply arrangement (type 1)) ...................................... 10 6 Amendment of s 15 (Meaning of on-supply arrangement (type 2)) .................................... 10 7 Omission of s 16 (Meaning of contestable sale arrangement) . . . 11 8 Amendment of s 17 (Person may have more than 1 role) . . . . . . 11 9 Replacement of pt 2 (Standard contracts) . . . . . . . . . . . . . . . . . . 11 Part 2 Customer sale arrangements Division 1 Imposition of levy 22 Imposition of levy on customer sale arrangements .................... 11 23 Imposition of levy if there are 2 or more customer sale arrangements in place . . . . . . . . . . . . . . . . . . . . 12 24 Operation of customer sale arrangement . . . . . . . . . . 12 Division 2 Liability for levy 25 When liability for levy is imposed . . . . . . . . . . . . . . . . 12 26 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . 13 27 Consolidation arrangement does not affect liability for levy ........................... 13 Division 3 Calculation of levy

 


 

2 Community Ambulance Cover and Other Acts Amendment Bill 2007 28 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 4 Exempt customer sale arrangements generally 29 Exemption from liability for levy . . . . . . . . . . . . . . . . . 14 30 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . 14 Division 5 Particular exemptions 31 Exemption for later customer sale arrangements for separate area ........................... 14 32 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . 15 33 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . 16 34 Pump exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 35 Hot water system exemption . . . . . . . . . . . . . . . . . . . 16 36 Public park facility exemption . . . . . . . . . . . . . . . . . . . 16 37 Security lighting exemption. . . . . . . . . . . . . . . . . . . . . 16 37A Exemption for equipment for medical condition . . . . . 17 37B Retirement village common account exemption. . . . . 18 37C Building common account exemption (type 1) . . . . . . 18 37D Building common account exemption (type 2) (2 pensioner occupiers) . . . . . . . . . . . . . . . . . . . . . 19 37E Building common account exemption (type 2) (1 pensioner occupier) . . . . . . . . . . . . . . . . . . . . . . . . 20 37F Building common account exemption (type 2) (no pensioner occupiers) . . . . . . . . . . . . . . . . . . . . . . 21 37G Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 21 37H State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 37I Local government exemption . . . . . . . . . . . . . . . . . . . 22 37J Exemption for religious bodies and other institutions . 22 10 Replacement of ss 44 and 44A . . . . . . . . . . . . . . . . . . . . . . . . . . 24 44 Exemption for later power card arrangements for separate area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11 Amendment of s 47E (Retirement village common account exemption) ...................................... 25 12 Omission of pt 5 (Contestable sale arrangements) . . . . . . . . . . . 25 13 Amendment of s 87 (Statement of levy liability) . . . . . . . . . . . . . . 25 14 Amendment of pt 7, div 2, hdg (Notification requirements for standard contracts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 15 Amendment of s 90 (Notification requirement for exemption for standard contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 16 Replacement of s 90A (Special provision for notification of hot water system exemption for standard contract instead of s 90) . . 26

 


 

3 Community Ambulance Cover and Other Acts Amendment Bill 2007 90A Notification requirement for exemption for previous customer sale arrangement . . . . . . . . . . . . . . . . . . . . 26 90B When notification for exemption for customer sale arrangement taken to have been given . . . . . . . . . . . 27 17 Amendment of s 91 (Notification requirement for loss of exemption for standard contract) . . . . . . . . . . . . . . . . . . . . . . . . . 28 18 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 91A Notification requirement for loss of exemption for previous customer sale arrangement . . . . . . . . . . . . . 29 19 Omission of s 92A (Special provision for notification of hot water system exemption for power card arrangement instead of s 92(2)) 30 20 Omission of pt 7, div 5 (Notification requirements for contestable sale arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 21 Amendment of s 99 (Particular exemptions taken to be notified under divs 2-5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 22 Amendment of s 100 (Notification for government exemptions). . 30 23 Amendment of s 104 (Voluntary contributions) . . . . . . . . . . . . . . 30 24 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 105A Requirement to pay shortfall amount for previous customer sale arrangement . . . . . . . . . . . . . . . . . . . . 31 25 Amendment of s 107 (Refund of overpaid levy for electricity sale arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 26 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 107A Refund of overpaid levy for previous customer sale arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 27 Amendment of s 124B (Recovery of levy amount from pensioner prohibited for standard contract). . . . . . . . . . . . . . . . . . . . . . . . . . 34 28 Omission of s 124C (Recovery of levy amount from pensioner prohibited for contestable sale arrangement) . . . . . . . . . . . . . . . . 34 29 Replacement of pt 12 (Transitional provisions). . . . . . . . . . . . . . . 34 Part 12 Transitional provision for Electricity and Other Legislation Amendment Act 2006 155 Negotiated retail contract entered into under the Electricity Act, s 312(2). . . . . . . . . . . . . . . . . . . . . . . . 35 30 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 13 Transitional provisions for Community Ambulance Cover and Other Acts Amendment Act 2007 156 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 35 157 When notification for exemption for corresponding arrangements taken to have been given . . . . . . . . . . 36

 


 

4 Community Ambulance Cover and Other Acts Amendment Bill 2007 158 Notification requirement for exemption for standard contract or contestable sale arrangement under pre-amended Act--corresponding arrangements . . . 36 159 Refund of overpaid levy for standard contract or contestable sale arrangement under pre-amended Act--corresponding arrangements. . . . . . . . . . . . . . . 37 160 Notification requirement for exemption for standard contract or contestable sale arrangement under pre-amended Act--new arrangements. . . . . . . . . . . . 38 161 Refund of overpaid levy for standard contract or contestable sale arrangement under pre-amended Act--new arrangements . . . . . . . . . . . . . . . . . . . . . . . 39 162 Notification requirement for loss of exemption for standard contract or contestable sale arrangement under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . 40 163 Requirement to pay shortfall amount for standard contract or contestable sale arrangement under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 31 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 43 Part 3 Amendment of Electricity Act 1994 32 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 33 Amendment of s 318 (Street lighting with non-metered connection point) .................................. 46 34 Amendment of s 319 (Other unmetered connection points). . . . . 46 35 Insertion of new s 319A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 319A Particular watchman lights . . . . . . . . . . . . . . . . . . . . . 46 36 Amendment of s 320 (Obligation to decide notified prices for 2006-2007 financial year on basis of post amended Act) . . . . . . 47 Part 4 Amendment of Electricity and Other Legislation Amendment Act 2006 37 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 38 Amendment of s 5 (Replacement of ss 23 and 23A of Act No. 64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 39 Amendment of s 13 (Replacement of ss 48-55C of Act No. 64 of 1994) ..................................... 48 40 Amendment of s 16 (Insertion of new s 55G and new ch 2, pt 6A of Act No. 64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 41 Amendment of s 22 (Amendment of s 90 (Deciding prices for non-contestable customers) of Act No. 64 of 1994) . . . . . . . . . . . 51 42 Amendment of s 25 (Insertion of new ch 4, pt 2, div 3 of Act No. 64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 43 Amendment of s 30 (Replacement of ch 5, pts 1A-1C of Act No. 64 of 1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

 


 

5 Community Ambulance Cover and Other Acts Amendment Bill 2007 44 Amendment of s 53 (Amendment of sch 5 (Dictionary) of Act No. 64 of 1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45 Amendment of s 108 (Amendment of s 169 (Restriction on general retailers) of Act No. 29 of 2003). . . . . . . . . . . . . . . . . . . . 55 46 Amendment of s 109 (Insertion of new s 170 of Act No. 29 of 2003) ....................................... 55 47 Amendment of s 114 (Replacement of ch 3, pt 2 (Customer retail services) of Act No. 29 of 2003) . . . . . . . . . . . . . . . . . . . . . 56 48 Amendment of s 145 (Insertion of new ch 5A of Act No. 29 of 2003) ............................... 56 49 Amendment of schedule (Minor and consequential amendments) ............................. 57 Part 5 Amendment of Breakwater Island Casino Agreement Act 1984 50 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 51 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 3A Particular provisions of trustee leases . . . . . . . . . . . . 58 52 Renumbering of ss 3A and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Part 6 Amendment of Lotteries Act 1997 53 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 54 Amendment of s 130 (Amendment of prizes) . . . . . . . . . . . . . . . . 59 55 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 5 Transitional provision for Community Ambulance Cover and Other Acts Amendment Act 2007 252 Payment of prizes--s 130 . . . . . . . . . . . . . . . . . . . . . 60 Part 7 Amendment of State Financial Institutions and Metway Merger Facilitation Act 1996 56 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 57 Amendment of s 64 (Metway group companies' articles to include certain provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 8 Amendment of Integrated Planning Act 1997 58 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 59 Amendment of s 3.7.8 (When pt 7 does not apply) . . . . . . . . . . . 62 60 Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 61 Amendment of sch 9 (Development that is exempt from assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 62 62 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 62

 


 

 

2007 A Bill for An Act to amend the Community Ambulance Cover Act 2003, and for other purposes

 


 

s1 8 s4 Community Ambulance Cover and Other Acts Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Community Ambulance Cover 4 and Other Acts Amendment Act 2007. 5 Clause 2 Commencement 6 (1) Part 7 commences on a day to be fixed by proclamation. 7 (2) The remaining provisions of this Act, other than the following 8 provisions, commence on 1 July 2007-- 9 part 2 heading 10 sections 3 and 29 11 parts 3 to 6 and 8. 12 Part 2 Amendment of Community 13 Ambulance Cover Act 2003 14 Clause 3 Act amended in pt 2 15 This part amends the Community Ambulance Cover Act 2003. 16 Clause 4 Replacement of s 10 (Meaning of standard contract) 17 Section 10-- 18 omit, insert-- 19

 


 

s4 9 s4 Community Ambulance Cover and Other Acts Amendment Bill 2007 `10 Meaning of customer sale arrangement 1 `(1) A customer sale arrangement is an arrangement for the sale 2 of electricity by an electricity retailer to a person (the relevant 3 customer), but only if, for the sale-- 4 (a) the electricity is supplied for consumption in 5 Queensland; and 6 (b) the supply of the electricity is measured by a meter. 7 Example-- 8 a retail contract under the Electricity Act for the sale of electricity by a 9 special approval holder to a person for consumption at a house in 10 Queensland, the supply of which is measured by a meter 11 `(2) However, a customer sale arrangement does not include an 12 arrangement for the sale of electricity if the electricity is 13 accessed through a power card arrangement. 14 `(3) There can be 2 or more customer sale arrangements in place 15 even though there is only 1 contract for the sale of the 16 electricity by the electricity retailer to a person who is the 17 relevant customer for each of the arrangements. 18 Example-- 19 If, under a contract for the sale of electricity by an electricity retailer to a 20 person, electricity is supplied for consumption at each of 5 separate 21 shops and each supply is measured by a meter, there are 5 customer sale 22 arrangements. 23 `(4) If a national metering identifier has been issued under the 24 National Electricity Rules for the metering installation for a 25 particular supply of electricity for consumption in 26 Queensland, there is only 1 customer sale arrangement for the 27 supply that is measured by 1 or more meters forming part of 28 the installation. 29 Example-- 30 If there is a contract for the sale of electricity by an electricity retailer to 31 a person for consumption at a house, a national metering identifier has 32 been issued for the metering installation for the supply of the electricity 33 and the supply is measured by 3 meters, there is only 1 customer sale 34 arrangement for the supply. 35 `(5) In this section-- 36

 


 

s5 10 s6 Community Ambulance Cover and Other Acts Amendment Bill 2007 arrangement includes an unwritten arrangement or contract, 1 and any of the following, whether or not in writing-- 2 (a) agreement; 3 (b) other arrangement, whether enforceable or not, 4 including an arrangement arising under an Act. 5 National Electricity (Queensland) Law has the meaning 6 given in the Electricity--National Scheme (Queensland) Act 7 1997. 8 National Electricity Rules has the meaning given in the 9 National Electricity (Queensland) Law. 10 national metering identifier see the Electricity Act, schedule 11 5. 12 Notes-- 13 1 A customer sale arrangement may be a retail contract under the 14 Electricity Act. 15 2 Under the Electricity Act, section 49, there are 3 types of retail 16 contract, namely negotiated retail contracts, standard retail 17 contracts and standard large customer retail contracts.'. 18 Clause 5 Amendment of s 14 (Meaning of on-supply arrangement 19 (type 1)) 20 Section 14(1), examples, after `arrangements'-- 21 insert-- 22 `(type 1)'. 23 Clause 6 Amendment of s 15 (Meaning of on-supply arrangement 24 (type 2)) 25 Section 15(1), examples, after `Examples'-- 26 insert-- 27 `of on-supply arrangements (type 2)'. 28

 


 

s7 11 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 7 Omission of s 16 (Meaning of contestable sale 1 arrangement) 2 Section 16-- 3 omit. 4 Clause 8 Amendment of s 17 (Person may have more than 1 role) 5 (1) Section 17(1), from `non-contestable' to `sale 6 arrangement,'-- 7 omit, insert-- 8 `relevant customer for a customer sale arrangement'. 9 (2) Section 17(1), example 1, `non-contestable customer for a 10 standard contract'-- 11 omit, insert-- 12 `relevant customer for a customer sale arrangement'. 13 (3) Section 17(1), example 2, `contestable customer for a 14 contestable sale arrangement'-- 15 omit, insert-- 16 `relevant customer for a customer sale arrangement'. 17 Clause 9 Replacement of pt 2 (Standard contracts) 18 Part 2-- 19 omit, insert-- 20 `Part 2 Customer sale arrangements 21 `Division 1 Imposition of levy 22 `22 Imposition of levy on customer sale 23 arrangements 24 `(1) This part imposes the levy on customer sale arrangements. 25 `(2) A liability for the levy is imposed on a customer sale 26 arrangement for each day the arrangement is in place. 27

 


 

s9 12 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 Note-- 1 Exemptions for the levy are dealt with in divisions 4 and 5. 2 `23 Imposition of levy if there are 2 or more customer 3 sale arrangements in place 4 `(1) This section applies if there are 2 or more customer sale 5 arrangements in place for a day for a particular supply of 6 electricity to particular premises. 7 `(2) For section 22, a liability for the levy for the day is imposed 8 only on that customer sale arrangement for which the 9 electricity retailer for the arrangement is the financially 10 responsible retail entity for the premises for the day. 11 `(3) In this section-- 12 financially responsible retail entity see the Electricity Act, 13 schedule 5. 14 `24 Operation of customer sale arrangement 15 `(1) For this Act, the days a customer sale arrangement is in place 16 do not include the day the arrangement starts, but do include 17 the day the arrangement ends. 18 `(2) Without limiting how and when a customer sale arrangement 19 may end, a customer sale arrangement is taken to end if the 20 supply of electricity for sale under the arrangement is 21 disconnected, other than because of a temporary 22 disconnection or other interruption. 23 `Division 2 Liability for levy 24 `25 When liability for levy is imposed 25 `(1) Liability for the levy is imposed for a day even if no electricity 26 is sold under the arrangement on the day, including, for 27 example, because premises are temporarily unoccupied or 28 because supply of electricity to premises is temporarily 29 disconnected or otherwise interrupted. 30

 


 

s9 13 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(2) However, if the arrangement is put in place for premises not 1 yet connected for the supply of electricity, liability is not 2 imposed until the day the premises are connected. 3 `26 Who is liable to pay levy 4 `(1) The levy imposed on a customer sale arrangement must be 5 paid by the relevant customer for the arrangement. 6 `(2) If 2 or more persons are the relevant customer for the 7 arrangement, all the persons are jointly and severally liable for 8 payment of the levy. 9 `27 Consolidation arrangement does not affect liability 10 for levy 11 `(1) A person must pay the levy for each customer sale 12 arrangement for which the person is the relevant customer. 13 `(2) If a person is the relevant customer for 2 or more customer 14 sale arrangements and a single electricity account is issued for 15 the sale of electricity under all the arrangements, the issue of 16 the single electricity account does not affect the person's 17 liability to pay the levy for each of the arrangements. 18 `Division 3 Calculation of levy 19 `28 Amount of levy 20 `The amount of the levy imposed on a customer sale 21 arrangement for each day the arrangement is in place is the 22 daily levy for the financial year in which the day happens. 23

 


 

s9 14 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 `Division 4 Exempt customer sale 1 arrangements generally 2 `29 Exemption from liability for levy 3 `Liability for the levy is not imposed on a customer sale 4 arrangement for a day if, on that day or for any part of that 5 day, the arrangement is an exempt customer sale arrangement. 6 `30 Exemption on 2 or more grounds 7 `(1) This section applies to a customer sale arrangement if-- 8 (a) a number of circumstances mentioned in division 5 9 apply to the arrangement; and 10 (b) if all the circumstances are considered separately, 11 whether by individual circumstance or individual set of 12 circumstances, the arrangement would be, on the basis 13 of each separate consideration, an exempt customer sale 14 arrangement. 15 `(2) The arrangement is taken to be an exempt customer sale 16 arrangement. 17 Example-- 18 A customer sale arrangement would be an exempt customer sale 19 arrangement if all electricity sold under the arrangement is supplied to a 20 farming shed and to a pump used for irrigation. 21 `Division 5 Particular exemptions 22 `31 Exemption for later customer sale arrangements for 23 separate area 24 `(1) This section applies if there are 2 or more customer sale 25 arrangements for the sale of electricity for consumption only 26 at the 1 separate area. 27 `(2) Each of the arrangements that is a later customer sale 28 arrangement is an exempt customer sale arrangement. 29

 


 

s9 15 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(3) For subsection (2), a customer sale arrangement is a later 1 customer sale arrangement if it is not the first of the 2 arrangements to have commenced. 3 Example-- 4 The owner of a shop has 3 customer sale arrangements with an 5 electricity retailer for the sale of electricity for consumption at the shop. 6 Arrangement A was entered into on 31 July 2006. Arrangement B was 7 entered into on 31 August 2006. Arrangement C was entered into on 30 8 September 2006. Arrangements B and C are exempt customer sale 9 arrangements. However, if arrangement A ends and arrangements B and 10 C continue, only arrangement C will be an exempt customer sale 11 arrangement. 12 `32 Pensioner exemption 13 `A customer sale arrangement is an exempt customer sale 14 arrangement if-- 15 (a) either of the following apply-- 16 (i) only 1 person is the relevant customer for the 17 arrangement and the person is a pensioner (the 18 pensioner); 19 (ii) 2 or more persons are the relevant customer for the 20 arrangement and at least 1 of the persons is a 21 pensioner (also the pensioner); and 22 (b) all electricity sold under the arrangement is supplied to 23 premises that are the pensioner's principal place of 24 residence; and 25 (c) any other person sharing the premises, other than a 26 visitor, is at least 1 of the following-- 27 (i) the pensioner's spouse; 28 (ii) a person who is wholly dependent on the 29 pensioner; 30 (iii) another pensioner; 31 (iv) a social security beneficiary who does not pay rent 32 for his or her occupation of the premises; 33

 


 

s9 16 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 (v) a person who is a carer of the pensioner and who 1 does not pay rent for his or her occupation of the 2 premises. 3 `33 Farming shed exemption 4 `A customer sale arrangement is an exempt customer sale 5 arrangement if all electricity sold under the arrangement is 6 supplied to a farming shed. 7 `34 Pump exemption 8 `A customer sale arrangement is an exempt customer sale 9 arrangement if all electricity sold under the arrangement is 10 supplied to a pump that is-- 11 (a) a water pump used for irrigation, stock or other purposes 12 of primary production; or 13 (b) a water or sewerage pump used for domestic purposes. 14 `35 Hot water system exemption 15 `A customer sale arrangement is an exempt customer sale 16 arrangement if all electricity sold under the arrangement is 17 supplied to a hot water system. 18 `36 Public park facility exemption 19 `A customer sale arrangement is an exempt customer sale 20 arrangement if all electricity sold under the arrangement is 21 supplied to a public park facility. 22 `37 Security lighting exemption 23 `(1) A customer sale arrangement (the relevant arrangement) is 24 an exempt customer sale arrangement if-- 25 (a) all electricity sold under the relevant arrangement is 26 supplied to security lighting for premises; and 27

 


 

s9 17 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 (b) there is at least 1 other electricity sale arrangement for 1 the premises; and 2 (c) the relevant arrangement is not an exempt customer sale 3 arrangement under the building common account 4 exemption (type 1) or the building common account 5 exemption (type 2). 6 `(2) However, the relevant arrangement is not an exempt customer 7 sale arrangement if-- 8 (a) all electricity sold under the other arrangement, or other 9 arrangements, is supplied to security lighting for the 10 premises; and 11 (b) the relevant arrangement is the first of the electricity sale 12 arrangements to have commenced. 13 `37A Exemption for equipment for medical condition 14 `A customer sale arrangement is an exempt customer sale 15 arrangement if-- 16 (a) all electricity sold under the arrangement is supplied to 17 an item of equipment; and 18 (b) the equipment is for the use of a person for a medical 19 condition the person has-- 20 (i) whether or not the equipment is used only by the 21 person; and 22 (ii) whether or not, when used by the person, the 23 equipment is used only for the medical condition; 24 and 25 (c) the person has written advice from a doctor to the effect 26 of either of the following-- 27 (i) because of the medical condition, the person needs 28 to use the equipment; 29 (ii) because of the medical condition, the person needs 30 to have the equipment readily available for use in a 31 medical emergency; and 32

 


 

s9 18 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 (d) the equipment is not in premises that are, or that are in 1 the nature of, a hospital, an aged care hostel or a nursing 2 home. 3 `37B Retirement village common account exemption 4 `A customer sale arrangement is an exempt customer sale 5 arrangement if-- 6 (a) all electricity sold under the arrangement is sold for 7 consumption at a retirement village; and 8 (b) all electricity sold under the arrangement is supplied for 9 1 or more of the following-- 10 (i) common facilities for the retirement village; 11 (ii) 1 or more on-supply arrangements; and 12 (c) there is an electricity sale arrangement, other than the 13 customer sale arrangement, for each occupied 14 accommodation unit in the retirement village that is a 15 separate domestic area. 16 Example-- 17 A retirement village has 6 accommodation units. For each occupied 18 accommodation unit that is a separate domestic area, there is a separate 19 customer sale arrangement for the supply of electricity to it. 20 Additionally, the retirement village scheme operator is the relevant 21 customer for a customer sale arrangement for the supply of electricity 22 for the retirement village's common lighting. The customer sale 23 arrangement for the lighting is an exempt customer sale arrangement. 24 `37C Building common account exemption (type 1) 25 `A customer sale arrangement is an exempt customer sale 26 arrangement if-- 27 (a) all electricity sold under the arrangement is sold for 28 consumption at a multi-unit building; and 29 (b) the electricity is supplied for 1 or more of the 30 following-- 31 (i) common facilities for the building; 32 (ii) 1 or more on-supply arrangements; and 33

 


 

s9 19 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 (c) there is an electricity sale arrangement, other than the 1 customer sale arrangement, for each occupied separate 2 area in the building. 3 Examples-- 4 1 A residential unit building has 6 units and common property. For 5 each occupied unit, there is a separate customer sale arrangement 6 for the supply of electricity to it. Additionally, the body corporate 7 for the residential building is the relevant customer for a customer 8 sale arrangement for the supply of electricity for the building's 9 common lighting. The customer sale arrangement for the lighting is 10 an exempt customer sale arrangement. 11 2 A shopping centre building has 14 shops. For each occupied shop 12 there is an on-supply arrangement (type 1) for the supply of 13 electricity. Electricity for the on-supply arrangements is supplied to 14 the building owner under 1 customer sale arrangement. 15 Additionally, the building owner is the relevant customer for 5 16 customer sale arrangements, all for security lighting for the 17 shopping centre. All 6 customer sale arrangements are exempt 18 customer sale arrangements. 19 3 A residential building consists of 6 flats. For each occupied flat 20 there is an on-supply arrangement (type 2) for the supply of 21 electricity. Electricity for the on-supply arrangements (type 2) is 22 supplied to the building owner under a customer sale arrangement 23 that relates also to the supply of electricity to the building's 24 common use laundry area. The customer sale arrangement is an 25 exempt customer sale arrangement. 26 `37D Building common account exemption (type 2) 27 (2 pensioner occupiers) 28 `(1) A customer sale arrangement is an exempt customer sale 29 arrangement if all the following circumstances apply-- 30 (a) all electricity sold under the arrangement is sold for 31 consumption at a double unit building; 32 (b) the electricity is supplied for 1 or more of the 33 following-- 34 (i) common facilities for the building; 35 (ii) consumption at a separate area; 36 (c) if there were a separate electricity sale arrangement for 37 each separate area in the building, each electricity sale 38

 


 

s9 20 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 arrangement would be an exempt arrangement because 1 of the pensioner exemption; 2 (d) the pensioner who occupies each separate area has 3 notified the relevant customer for the arrangement in the 4 approved form of the circumstances supporting the 5 application of paragraph (c). 6 `(2) The pensioner who occupies a separate area is taken to have 7 notified the relevant customer under subsection (1)(d) if an 8 electricity rebate applies for the supply of electricity to the 9 separate area. 10 `37E Building common account exemption (type 2) 11 (1 pensioner occupier) 12 `(1) A customer sale arrangement is an exempt customer sale 13 arrangement if all the following circumstances apply-- 14 (a) all electricity sold under 2 or more electricity sale 15 arrangements (the relevant arrangements) is sold for 16 consumption at a double unit building; 17 (b) the customer sale arrangement is one of the relevant 18 arrangements; 19 (c) all electricity sold under the customer sale arrangement 20 is supplied for 1 or more of the following-- 21 (i) common facilities for the building; 22 (ii) consumption at a separate area; 23 (d) if there were a separate electricity sale arrangement for 24 each separate area in the building, the customer sale 25 arrangement applying for one of the separate areas (the 26 relevant separate area) would be an exempt 27 arrangement because of the pensioner exemption; 28 (e) the pensioner who occupies the relevant separate area 29 has notified the relevant customer for the customer sale 30 arrangement in the approved form of the circumstances 31 supporting the application of paragraph (d); 32 (f) the customer sale arrangement is not the first of the 33 relevant arrangements to have commenced. 34

 


 

s9 21 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(2) The pensioner who occupies the relevant separate area is 1 taken to have notified the relevant customer under subsection 2 (1)(e) if an electricity rebate applies for the supply of 3 electricity to the separate area. 4 `37F Building common account exemption (type 2) 5 (no pensioner occupiers) 6 `A customer sale arrangement is an exempt customer sale 7 arrangement if all the following circumstances apply-- 8 (a) all electricity sold under 3 or more electricity sale 9 arrangements (the relevant arrangements) is sold for 10 consumption at a double unit building; 11 (b) the customer sale arrangement is one of the relevant 12 arrangements; 13 (c) all electricity sold under the customer sale arrangement 14 is supplied for 1 or more of the following-- 15 (i) common facilities for the building; 16 (ii) consumption at a separate area; 17 (d) if there were a separate electricity sale arrangement for 18 each separate area in the building, neither of the 19 customer sale arrangements would be an exempt 20 arrangement because of the pensioner exemption; 21 Note-- 22 The reference to `neither' in this paragraph arises because under 23 the definition double unit building in the schedule, a double unit 24 building has only 2 separate areas. 25 (e) the customer sale arrangement is not the first or second 26 of the relevant arrangements to have commenced. 27 `37G Commonwealth exemption 28 `A customer sale arrangement is an exempt customer sale 29 arrangement if the relevant customer for the arrangement is 30 the Commonwealth. 31

 


 

s9 22 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 `37H State exemption 1 `(1) A customer sale arrangement is an exempt customer sale 2 arrangement if-- 3 (a) the relevant customer for the arrangement is the State; 4 and 5 (b) all electricity sold under the arrangement is supplied to 6 premises-- 7 (i) that are used only for providing core government 8 services; or 9 (ii) that are public infrastructure. 10 `(2) In this section-- 11 State includes any State instrumentality, authority, 12 corporation or other State entity, including any GOC, and 13 whether or not representing the State, but does not include a 14 local government. 15 `37I Local government exemption 16 `A customer sale arrangement is an exempt customer sale 17 arrangement if-- 18 (a) the relevant customer for the arrangement is a local 19 government; and 20 (b) all electricity sold under the arrangement is supplied to 21 premises-- 22 (i) that are used only for providing core local 23 government services; or 24 (ii) that are public infrastructure. 25 `37J Exemption for religious bodies and other institutions 26 `(1) A customer sale arrangement is an exempt customer sale 27 arrangement if-- 28 (a) the relevant customer for the arrangement is a body, or 29 the trustees of a body, that is either a religious body or a 30 body-- 31

 


 

s9 23 s9 Community Ambulance Cover and Other Acts Amendment Bill 2007 (i) that is controlled by, or associated with, a religious 1 body; and 2 (ii) whose principal object and pursuit is the conduct 3 of activities of a religious nature; and 4 (b) all electricity sold under the arrangement is supplied to 5 premises used solely or almost solely as a church or 6 other public place of worship, or as a church or other 7 public place of worship and an associated hall, other 8 than a hall used or hired out for commercial purposes. 9 `(2) A customer sale arrangement is an exempt customer sale 10 arrangement if-- 11 (a) the relevant customer for the arrangement is an 12 institution or the trustees of an institution; and 13 (b) the principal object or pursuit of the institution is the 14 care of sick, aged, infirm, afflicted or incorrigible 15 persons; and 16 (c) all electricity sold under the arrangement is supplied to 17 premises used solely or almost solely for the purposes of 18 the institution's principal object or pursuit; and 19 (d) the premises are not premises that are, or that are in the 20 nature of, a hospital, an aged care hostel or a nursing 21 home. 22 `(3) A customer sale arrangement is an exempt customer sale 23 arrangement if-- 24 (a) the relevant customer for the arrangement is an 25 institution or the trustees of an institution; and 26 (b) the principal object or pursuit of the institution is the 27 relief of poverty, suffering, distress or misfortune of 28 people; and 29 (c) all electricity sold under the arrangement is supplied to 30 premises used solely or almost solely for the purposes of 31 the institution's principal object or pursuit. 32 `(4) A customer sale arrangement is an exempt customer sale 33 arrangement if-- 34

 


 

s 10 24 s 10 Community Ambulance Cover and Other Acts Amendment Bill 2007 (a) the relevant customer for the arrangement is an 1 institution or the trustees of an institution; and 2 (b) the principal object or pursuit of the institution is the 3 care of children by-- 4 (i) being responsible for them on a full-time basis; and 5 (ii) providing them with all the necessary food, 6 clothing and shelter; and 7 (iii) providing for their general wellbeing and 8 protection; and 9 (c) all electricity sold under the arrangement is supplied to 10 premises used solely or almost solely for the purposes of 11 the institution's principal object or pursuit. 12 `(5) However, a customer sale arrangement is an exempt customer 13 sale arrangement under subsection (2), (3) or (4) only if, under 14 the institution's constitution-- 15 (a) its income and property are used solely for promoting its 16 objects; and 17 (b) no part of its income or property is to be distributed, 18 paid or transferred by way of bonus, dividend or other 19 similar payment to its members; and 20 (c) on its dissolution, the assets remaining after satisfying 21 all debts and liabilities must be transferred to an 22 institution whose principal object or pursuit is that of an 23 institution mentioned in subsection (2), (3) or (4).'. 24 Clause 10 Replacement of ss 44 and 44A 25 Sections 44 and 44A-- 26 omit, insert-- 27 `44 Exemption for later power card arrangements for 28 separate area 29 `(1) This section applies if there are 2 or more power card 30 arrangements that relate to the sale of electricity for 31 consumption only at the 1 separate area. 32

 


 

s 11 25 s 13 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(2) Each of the arrangements that is a later power card 1 arrangement is an exempt power card arrangement. 2 `(3) For subsection (2), a power card arrangement is a later power 3 card arrangement if it is not the first of the arrangements to 4 have commenced. 5 Example-- 6 There are 3 power card arrangements for the sale of electricity for 7 consumption at a shop. Power card arrangement A commenced on 31 8 July 2006. Power card arrangement B commenced on 31 August 2006. 9 Power card arrangement C commenced on 30 September 2006. Power 10 card arrangements B and C are exempt power card arrangements. 11 However, if power card arrangement A ends and power card 12 arrangements B and C continue, only power card arrangement C will be 13 an exempt power card arrangement.'. 14 Clause 11 Amendment of s 47E (Retirement village common 15 account exemption) 16 Section 47E, example, `standard contract'-- 17 omit, insert-- 18 `customer sale arrangement'. 19 Clause 12 Omission of pt 5 (Contestable sale arrangements) 20 Part 5-- 21 omit. 22 Clause 13 Amendment of s 87 (Statement of levy liability) 23 (1) Section 87(1), example 1, `non-contestable customer for a 24 standard contract'-- 25 omit, insert-- 26 `relevant customer for a customer sale arrangement'. 27 (2) Section 87(6)(a), `2, 4 or 5'-- 28 omit, insert-- 29 `2 or 4'. 30

 


 

s 14 26 s 16 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 14 Amendment of pt 7, div 2, hdg (Notification requirements 1 for standard contracts) 2 Part 7, division 2, heading, `standard contracts'-- 3 omit, insert-- 4 `customer sale arrangements'. 5 Clause 15 Amendment of s 90 (Notification requirement for 6 exemption for standard contract) 7 (1) Section 90, `standard contract'-- 8 omit, insert-- 9 `customer sale arrangement'. 10 (2) Section 90, `non-contestable'-- 11 omit, insert-- 12 `relevant'. 13 Clause 16 Replacement of s 90A (Special provision for notification 14 of hot water system exemption for standard contract 15 instead of s 90) 16 Section 90A-- 17 omit, insert-- 18 `90A Notification requirement for exemption for previous 19 customer sale arrangement 20 `(1) This section applies if-- 21 (a) there was in existence a customer sale arrangement (the 22 previous arrangement) between a relevant customer 23 and electricity retailer; and 24 (b) the customer entered into a new customer sale 25 arrangement (the new arrangement) with the electricity 26 retailer or another electricity retailer in place of the 27 previous arrangement; and 28 (c) there are no other parties to the new arrangement; and 29

 


 

s 16 27 s 16 Community Ambulance Cover and Other Acts Amendment Bill 2007 (d) the previous arrangement and new arrangement relate to 1 the supply of electricity that is measured by the same 2 meter; and 3 (e) the customer had not given, or was not taken to have 4 given under section 90B or 99 or part 13, the electricity 5 retailer for the previous arrangement a notice under 6 section 90(2) in relation to the arrangement. 7 `(2) If the customer claims that the previous arrangement was, or 8 had been for a particular period, an exempt customer sale 9 arrangement, the customer may only notify the electricity 10 retailer for the new arrangement (and not the electricity 11 retailer for the previous arrangement, if that electricity retailer 12 is different to the electricity retailer for the new arrangement) 13 in the approved form of the circumstances supporting the 14 claim. 15 `(3) For subsection (1)(d), the supply of electricity is measured by 16 the same meter even though the meter measuring the supply 17 replaced another meter. 18 `90B When notification for exemption for customer sale 19 arrangement taken to have been given 20 `(1) This section applies if-- 21 (a) there was in existence a customer sale arrangement (the 22 previous arrangement) between a relevant customer 23 and electricity retailer; and 24 (b) the customer entered into a new customer sale 25 arrangement (the new arrangement) with the electricity 26 retailer in place of the previous arrangement; and 27 (c) there are no other parties to the new arrangement; and 28 (d) the previous arrangement and new arrangement relate to 29 the supply of electricity that is measured by the same 30 meter; and 31 (e) the customer had given, or was taken to have given 32 under section 99 or part 13, the electricity retailer a 33 notice under section 90(2) of the circumstances causing 34

 


 

s 17 28 s 18 Community Ambulance Cover and Other Acts Amendment Bill 2007 the previous arrangement to be an exempt customer sale 1 arrangement; and 2 (f) the circumstances mentioned in paragraph (e) continue 3 to apply for the new arrangement. 4 `(2) The customer is taken to have given the electricity retailer a 5 notice under section 90(2) of the circumstances causing the 6 new arrangement to be an exempt customer sale arrangement. 7 `(3) For subsection (1)(d), the supply of electricity is measured by 8 the same meter even though the meter measuring the supply 9 replaced another meter.'. 10 Clause 17 Amendment of s 91 (Notification requirement for loss of 11 exemption for standard contract) 12 (1) Section 91, `standard contract'-- 13 omit, insert-- 14 `customer sale arrangement'. 15 (2) Section 91(2), `non-contestable'-- 16 omit, insert-- 17 `relevant'. 18 (3) Section 91(2), `the contract'-- 19 omit, insert-- 20 `the arrangement'. 21 (4) Section 91-- 22 insert-- 23 `(3) This section applies subject to section 91A.'. 24 Clause 18 Insertion of new s 91A 25 Before part 7, division 3-- 26 insert-- 27

 


 

s 18 29 s 18 Community Ambulance Cover and Other Acts Amendment Bill 2007 `91A Notification requirement for loss of exemption for 1 previous customer sale arrangement 2 `(1) This section applies if-- 3 (a) there was in existence a customer sale arrangement (the 4 previous arrangement) between a relevant customer 5 and electricity retailer; and 6 (b) the customer enters into a new customer sale 7 arrangement (the new arrangement) with the electricity 8 retailer or another electricity retailer in place of the 9 previous arrangement; and 10 (c) there are no other parties to the new arrangement; and 11 (d) the previous arrangement and new arrangement relate to 12 the supply of electricity that is measured by the same 13 meter; and 14 (e) the previous arrangement was, immediately before 15 being replaced by the new arrangement, being dealt with 16 by the electricity retailer for the previous arrangement, 17 for the purposes of electricity accounts, as an exempt 18 customer sale arrangement; and 19 (f) the previous arrangement stopped being an exempt 20 customer sale arrangement before being replaced by the 21 new arrangement. 22 `(2) The customer must, within 28 days after the previous 23 arrangement stopped being an exempt customer sale 24 arrangement, notify the electricity retailer for the new 25 arrangement in the approved form-- 26 (a) that the previous arrangement had stopped being an 27 exempt customer sale arrangement; and 28 (b) when the previous arrangement stopped being an 29 exempt customer sale arrangement. 30 `(3) For subsection (1)(d), the supply of electricity is measured by 31 the same meter even though the meter measuring the supply 32 replaced another meter.'. 33

 


 

s 19 30 s 23 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 19 Omission of s 92A (Special provision for notification of 1 hot water system exemption for power card arrangement 2 instead of s 92(2)) 3 Section 92A-- 4 omit. 5 Clause 20 Omission of pt 7, div 5 (Notification requirements for 6 contestable sale arrangements) 7 Part 7, division 5-- 8 omit. 9 Clause 21 Amendment of s 99 (Particular exemptions taken to be 10 notified under divs 2-5) 11 (1) Section 99, heading, `divs 2-5'-- 12 omit, insert-- 13 `div 2, 3 or 4'. 14 (2) Section 99(1), `2, 3, 4 or 5'-- 15 `2, 3 or 4'. 16 (3) Section 99, `2, 3 or 5'-- 17 `2 or 3'. 18 Clause 22 Amendment of s 100 (Notification for government 19 exemptions) 20 Section 100, `2, 3, 4 or 5'-- 21 `2, 3 or 4'. 22 Clause 23 Amendment of s 104 (Voluntary contributions) 23 (1) Section 104(1)(a)-- 24 omit. 25 (2) Section 104(1)(b), `the electricity sale arrangement'-- 26 omit, insert-- 27

 


 

s 24 31 s 24 Community Ambulance Cover and Other Acts Amendment Bill 2007 `a customer sale arrangement'. 1 (3) Section 104(1)(d), `electricity customer'-- 2 omit, insert-- 3 `relevant customer'. 4 (4) Section 104(1)(c) and (d), `electricity sale'-- 5 omit. 6 (5) Section 104(1)(b), (c) and (d)-- 7 renumber as section 104(1)(a), (b) and (c). 8 Clause 24 Insertion of new s 105A 9 Before part 7, division 8-- 10 insert-- 11 `105A Requirement to pay shortfall amount for previous 12 customer sale arrangement 13 `(1) This section applies if-- 14 (a) there was in existence a customer sale arrangement (the 15 previous arrangement) between a relevant customer 16 and electricity retailer; and 17 (b) the customer enters into a new customer sale 18 arrangement (the new arrangement) with the electricity 19 retailer or another electricity retailer in place of the 20 previous arrangement; and 21 (c) there are no other parties to the new arrangement; and 22 (d) the previous arrangement and new arrangement relate to 23 the supply of electricity that is measured by the same 24 meter; and 25 (e) the previous arrangement was, immediately before 26 being replaced by the new arrangement, being dealt with 27 by the electricity retailer for the previous arrangement, 28 for the purposes of electricity accounts, as an exempt 29 customer sale arrangement. 30 `(2) If the electricity retailer for the new arrangement becomes 31 aware of a shortfall amount payable by the customer in 32

 


 

s 25 32 s 26 Community Ambulance Cover and Other Acts Amendment Bill 2007 relation to the previous arrangement, the electricity retailer 1 must give written notice to the customer of the shortfall 2 amount. 3 `(3) If a notice is given under subsection (2), section 105(3) to (7) 4 apply as if the notice was given under section 105(1). 5 `(4) For subsection (1)(d), the supply of electricity is measured by 6 the same meter even though the meter measuring the supply 7 replaced another meter.'. 8 Clause 25 Amendment of s 107 (Refund of overpaid levy for 9 electricity sale arrangement) 10 Section 107(4), `but'-- 11 omit, insert-- 12 `that'. 13 Clause 26 Insertion of new s 107A 14 After section 107-- 15 `107A Refund of overpaid levy for previous customer sale 16 arrangement 17 `(1) This section applies if-- 18 (a) there was in existence a customer sale arrangement (the 19 previous arrangement) between a relevant customer 20 and electricity retailer; and 21 (b) the customer entered into a new customer sale 22 arrangement (the new arrangement) with the electricity 23 retailer or another electricity retailer in place of the 24 previous arrangement; and 25 (c) there are no other parties to the new arrangement; and 26 (d) the previous arrangement and new arrangement relate to 27 the supply of electricity that is measured by the same 28 meter; and 29 (e) as required by a statement of levy liability, the customer 30 paid the electricity retailer for the previous arrangement 31

 


 

s 26 33 s 26 Community Ambulance Cover and Other Acts Amendment Bill 2007 a levy amount (the paid amount) for the previous 1 arrangement; and 2 (f) some or all of the paid amount (the refund amount) 3 relates to a period of 1 or more days when the previous 4 arrangement was an exempt customer sale arrangement. 5 `(2) The customer may claim the refund amount by giving the 6 electricity retailer for the new arrangement a claim in the 7 approved form or by complying with the notification 8 requirements under section 90A.1 9 `(3) If the electricity retailer for the new arrangement is satisfied 10 the customer is entitled to the refund amount, the electricity 11 retailer must-- 12 (a) pay the refund amount to the customer; or 13 (b) provide the customer with a credit for the refund amount 14 in the next statement of levy liability issued to the 15 customer. 16 `(4) However, the electricity retailer for the new arrangement must 17 apply all or part of the refund amount as payment for any levy 18 amount the customer is liable to pay for the arrangement that 19 has not been paid. 20 `(5) A person is not entitled to a refund under this section if-- 21 (a) more than 1 year has elapsed since the paid amount was 22 paid; and 23 (b) in the year, the person has not claimed the refund in the 24 way provided for in this section. 25 `(6) For subsection (1)(d), the supply of electricity is measured by 26 the same meter even though the meter measuring the supply 27 replaced another meter.'. 28 1 Section 90A (Notification requirement for exemption for previous customer sale arrangement)

 


 

s 27 34 s 29 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 27 Amendment of s 124B (Recovery of levy amount from 1 pensioner prohibited for standard contract) 2 (1) Section 124B, `standard contract'-- 3 omit, insert-- 4 `customer sale arrangement'. 5 (2) Section 124B(1), `section 33H,'-- 6 omit, insert-- 7 `section 37E,'. 8 (3) Section 124B(1), `section 33H(1)(f)'-- 9 omit, insert-- 10 `section 37E(1)(f)'. 11 (4) Section 124B(1)(a), `section 33H(1)(e)'-- 12 omit, insert-- 13 `section 37E(1)(e)'. 14 (5) Section 124B(1)(b), `section 33H(2)'-- 15 omit, insert-- 16 `section 37E(2)'. 17 (6) Section 124B, `non-contestable'-- 18 omit, insert-- 19 `relevant'. 20 Clause 28 Omission of s 124C (Recovery of levy amount from 21 pensioner prohibited for contestable sale arrangement) 22 Section 124C-- 23 omit. 24 Clause 29 Replacement of pt 12 (Transitional provisions) 25 Part 12-- 26 omit, insert-- 27

 


 

s 30 35 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 `Part 12 Transitional provision for 1 Electricity and Other 2 Legislation Amendment Act 3 2006 4 `155 Negotiated retail contract entered into under the 5 Electricity Act, s 312(2) 6 `(1) This section applies if, before or after the commencement of 7 this section, a non-contestable customer for premises entered 8 or enters into a negotiated retail contract for the premises 9 under the Electricity Act, s 312(2).2 10 `(2) The contract is not, and never was, a standard contract.'. 11 Clause 30 Insertion of new pt 13 12 After section 155-- 13 insert-- 14 `Part 13 Transitional provisions for 15 Community Ambulance Cover 16 and Other Acts Amendment Act 17 2007 18 `156 Definitions for pt 13 19 `In this part-- 20 commencement means the day this section commences. 21 former, for a provision mentioned in this part, means the 22 provision to which the reference relates is a provision of the 23 pre-amended Act. 24 pre-amended Act means this Act as in force before the 25 commencement. 26 2 Electricity Act, section 312 (Small customer may enter into negotiated retail contract before FRC day)

 


 

s 30 36 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 `157 When notification for exemption for corresponding 1 arrangements taken to have been given 2 `(1) This section applies if-- 3 (a) a standard contract or contestable sale arrangement (the 4 previous arrangement) in force under the pre-amended 5 Act immediately before the commencement becomes, 6 on the commencement, 1 or more customer sale 7 arrangements (the corresponding arrangements); and 8 (b) the customer for the previous arrangement had given, or 9 was taken to have given under former section 99, the 10 electricity retailer for the arrangement a notice under 11 former section 90(2) or former section 97(2) of the 12 circumstances causing the arrangement to be an exempt 13 standard contract or exempt contestable sale 14 arrangement under the pre-amended Act. 15 `(2) The customer is taken to have given the electricity retailer for 16 the corresponding arrangements a notice under section 90(2) 17 of the circumstances causing the arrangements to be exempt 18 customer sale arrangements. 19 `(3) The circumstances mentioned in subsection (2) are taken to be 20 identical to the circumstances mentioned in subsection (1)(b). 21 `158 Notification requirement for exemption for standard 22 contract or contestable sale arrangement under 23 pre-amended Act--corresponding arrangements 24 `(1) This section applies if a standard contract or contestable sale 25 arrangement (the previous arrangement) in force under the 26 pre-amended Act immediately before the commencement 27 becomes, on the commencement, 1 or more customer sale 28 arrangements (the corresponding arrangements). 29 `(2) If the relevant customer for the corresponding arrangements 30 claims that the previous arrangement was, or had been for a 31 particular period, an exempt standard contract or exempt 32 contestable sale arrangement under the pre-amended Act, the 33 customer may notify the electricity retailer for the 34 corresponding arrangements in the approved form of the 35 circumstances supporting the claim. 36

 


 

s 30 37 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 `159 Refund of overpaid levy for standard contract or 1 contestable sale arrangement under pre-amended 2 Act--corresponding arrangements 3 `(1) This section applies if-- 4 (a) a standard contract or contestable sale arrangement (the 5 previous arrangement) in force under the pre-amended 6 Act immediately before the commencement becomes, 7 on the commencement, 1 or more customer sale 8 arrangements (the corresponding arrangements); and 9 (b) as required by a statement of levy liability, the customer 10 for the previous arrangement paid under the 11 pre-amended Act the electricity retailer for the 12 arrangement a levy amount (the paid amount) for the 13 arrangement; and 14 (c) some or all of the paid amount (the refund amount) 15 relates to a period of 1 or more days when the 16 arrangement was an exempt standard contract or exempt 17 contestable sale arrangement under the pre-amended 18 Act. 19 `(2) The customer may claim the refund amount by giving the 20 electricity retailer for the corresponding arrangements a claim 21 in the approved form or by complying with the notification 22 requirements under section 158. 23 `(3) If the electricity retailer for the corresponding arrangements is 24 satisfied the customer is entitled to the refund amount, the 25 electricity retailer must-- 26 (a) pay the refund amount to the customer; or 27 (b) provide the customer with a credit for the refund amount 28 in the next statement of levy liability issued to the 29 customer. 30 `(4) However, the electricity retailer must apply all or part of the 31 refund amount as payment for any levy amount the customer 32 is liable to pay for 1 or more of the arrangements that has not 33 been paid. 34 `(5) A person is not entitled to a refund under this section if-- 35

 


 

s 30 38 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 (a) more than 1 year has elapsed since the paid amount was 1 paid; and 2 (b) in the year, the person has not claimed the refund in the 3 way provided for in this section. 4 `160 Notification requirement for exemption for standard 5 contract or contestable sale arrangement under 6 pre-amended Act--new arrangements 7 `(1) This section applies if-- 8 (a) a standard contract or contestable sale arrangement (the 9 previous arrangement) in force under the pre-amended 10 Act immediately before the commencement becomes, 11 on the commencement, 1 or more customer sale 12 arrangements (the corresponding arrangements); and 13 (b) the relevant customer for the corresponding 14 arrangements enters into new customer sale 15 arrangements (the new arrangements) with the 16 electricity retailer for the corresponding arrangements or 17 another electricity retailer in place of the corresponding 18 arrangements; and 19 (c) there are no other parties to the new arrangements; and 20 (d) the previous arrangement and new arrangements relate 21 to the supply of electricity that is measured by the same 22 meter; and 23 (e) the customer had not given, or was not taken to have 24 given under former section 99, the electricity retailer for 25 the previous arrangement a notice under former section 26 90(2) or former section 97(2) of the circumstances 27 causing the arrangement to be an exempt standard 28 contract or exempt contestable sale arrangement under 29 the pre-amended Act. 30 `(2) If the customer claims that the previous arrangement was, or 31 had been for a particular period, an exempt standard contract 32 or exempt contestable sale arrangement under the 33 pre-amended Act, the customer may only notify the electricity 34 retailer for the new arrangements (and not the electricity 35 retailer for the previous arrangement, if that electricity retailer 36

 


 

s 30 39 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 is different to the electricity retailer for the new arrangements) 1 in the approved form of the circumstances supporting the 2 claim. 3 `(3) For subsection (1)(d), the supply of electricity is measured by 4 the same meter even though the meter measuring the supply 5 replaced another meter. 6 `161 Refund of overpaid levy for standard contract or 7 contestable sale arrangement under pre-amended 8 Act--new arrangements 9 `(1) This section applies if-- 10 (a) a standard contract or contestable sale arrangement (the 11 previous arrangement) in force under the pre-amended 12 Act immediately before the commencement becomes, 13 on the commencement, 1 or more customer sale 14 arrangements (the corresponding arrangements); and 15 (b) the relevant customer for the corresponding 16 arrangements enters into new customer sale 17 arrangements (the new arrangements) with the 18 electricity retailer for the corresponding arrangements or 19 another electricity retailer in place of the corresponding 20 arrangements; and 21 (c) there are no other parties to the new arrangements; and 22 (d) the previous arrangement and new arrangements relate 23 to the supply of electricity that is measured by the same 24 meter; and 25 (e) as required by a statement of levy liability, the customer 26 paid under the pre-amended Act the electricity retailer 27 for the previous arrangement a levy amount (the paid 28 amount) for the arrangement; and 29 (f) some or all of the paid amount (the refund amount) 30 relates to a period of 1 or more days when the 31 arrangement was an exempt standard contract or exempt 32 contestable sale arrangement under the pre-amended 33 Act. 34

 


 

s 30 40 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(2) The customer may claim the refund amount by giving the 1 electricity retailer for the new arrangements a claim in the 2 approved form or by complying with the notification 3 requirements under section 160. 4 `(3) If the electricity retailer for the new arrangements is satisfied 5 the customer is entitled to the refund amount, the electricity 6 retailer must-- 7 (a) pay the refund amount to the customer; or 8 (b) provide the customer with a credit for the refund amount 9 in the next statement of levy liability issued to the 10 customer. 11 `(4) However, the electricity retailer must apply all or part of the 12 refund amount as payment for any levy amount the customer 13 is liable to pay for 1 or more of the arrangements that has not 14 been paid. 15 `(5) A person is not entitled to a refund under this section if-- 16 (a) more than 1 year has elapsed since the paid amount was 17 paid; and 18 (b) in the year, the person has not claimed the refund in the 19 way provided for in this section. 20 `(6) For subsection (1)(d), the supply of electricity is measured by 21 the same meter even though the meter measuring the supply 22 replaced another meter. 23 `162 Notification requirement for loss of exemption for 24 standard contract or contestable sale arrangement 25 under pre-amended Act 26 `(1) This section applies if-- 27 (a) a standard contract or contestable sale arrangement (the 28 previous arrangement) in force under the pre-amended 29 Act immediately before the commencement becomes, 30 on the commencement, 1 or more customer sale 31 arrangements (the corresponding arrangements); and 32 (b) the relevant customer for the corresponding 33 arrangements enters into new customer sale 34 arrangements (the new arrangements) with the 35

 


 

s 30 41 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 electricity retailer for the corresponding arrangements or 1 another electricity retailer in place of the corresponding 2 arrangements; and 3 (c) there are no other parties to the new arrangements; and 4 (d) the previous arrangement and new arrangements relate 5 to the supply of electricity that is measured by the same 6 meter; and 7 (e) the previous arrangement was, immediately before the 8 commencement, being dealt with under the 9 pre-amended Act by the electricity retailer for the 10 arrangement, for the purposes of electricity accounts, as 11 an exempt standard contract or exempt contestable sale 12 arrangement; and 13 (f) the arrangement stopped being an exempt standard 14 contract or exempt contestable sale arrangement under 15 the pre-amended Act. 16 `(2) The customer must, within 28 days after the arrangement 17 stopped being an exempt standard contract or exempt 18 contestable sale arrangement under the pre-amended Act, 19 notify the electricity retailer for the new arrangements in the 20 approved form-- 21 (a) that the arrangement had stopped being an exempt 22 standard contract or exempt contestable sale 23 arrangement under the pre-amended Act; and 24 (b) when the arrangement stopped being an exempt 25 standard contract or exempt contestable sale 26 arrangement under the pre-amended Act. 27 `(3) For subsection (1)(d), the supply of electricity is measured by 28 the same meter even though the meter measuring the supply 29 replaced another meter. 30 `163 Requirement to pay shortfall amount for standard 31 contract or contestable sale arrangement under 32 pre-amended Act 33 `(1) This section applies if-- 34

 


 

s 30 42 s 30 Community Ambulance Cover and Other Acts Amendment Bill 2007 (a) a standard contract or contestable sale arrangement (the 1 previous arrangement) in force under the pre-amended 2 Act immediately before the commencement becomes, 3 on the commencement, 1 or more customer sale 4 arrangements (the corresponding arrangements); and 5 (b) the relevant customer for the corresponding 6 arrangements enters into new customer sale 7 arrangements (the new arrangements) with the 8 electricity retailer for the corresponding arrangements or 9 another electricity retailer in place of the corresponding 10 arrangements; and 11 (c) there are no other parties to the new arrangements; and 12 (d) the previous arrangement and new arrangements relate 13 to the supply of electricity that is measured by the same 14 meter; and 15 (e) the previous arrangement was, immediately before the 16 commencement, being dealt with under the 17 pre-amended Act by the electricity retailer for the 18 arrangement, for the purposes of electricity accounts, as 19 an exempt standard contract or exempt contestable sale 20 arrangement; and 21 (f) the arrangement stopped being an exempt standard 22 contract or exempt contestable sale arrangement under 23 the pre-amended Act. 24 `(2) If the electricity retailer for the new arrangements becomes 25 aware of a shortfall amount payable by the customer for a 26 period that includes a period after the arrangement stopped 27 being an exempt standard contract or exempt contestable sale 28 arrangement under the pre-amended Act, the electricity 29 retailer must give written notice to the customer of the 30 shortfall amount. 31 `(3) If a notice is given under subsection (2), section 105(3) to (7) 32 apply as if the notice was given under section 105(1). 33 `(4) For subsection (1)(d), the supply of electricity is measured by 34 the same meter even though the meter measuring the supply 35 replaced another meter.'. 36

 


 

s 31 43 s 31 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 31 Amendment of schedule (Dictionary) 1 (1) Schedule, definitions contestable customer, contestable sale 2 arrangement, disconnection provisions, exempt contestable 3 sale arrangement, exempt standard contract, non-contestable 4 customer, pensioner, relevant contestable customer and 5 standard contract-- 6 omit. 7 (2) Schedule-- 8 insert-- 9 `commencement, for part 13, see section 156. 10 customer sale arrangement see section 10. 11 disconnection provisions means a regulation made under the 12 Electricity Act, or a provision of any industry code under that 13 Act, that permits, requires, or otherwise provides for, the 14 disconnection of supply of electricity under that Act. 15 exempt customer sale arrangement means a customer sale 16 arrangement that is an exempt customer sale arrangement 17 under part 2, division 5. 18 former, for part 13, see section 156. 19 pensioner means a person who is the holder of a current card 20 of one of the following types-- 21 (a) a pensioner concession card issued by the department of 22 the Commonwealth responsible for administering either 23 of the following-- 24 (i) the Social Security Act 1991 (Cwlth); 25 (ii) the Veterans' Entitlements Act 1986 (Cwlth); 26 (b) a repatriation health card for all conditions (Gold Card) 27 issued by the department of the Commonwealth 28 responsible for administering the Veterans' Entitlements 29 Act 1986 (Cwlth); 30 (c) a Queensland Government seniors card. 31 pre-amended Act, for part 13, see section 156. 32 relevant customer see section 10(1).'. 33

 


 

s 31 44 s 31 Community Ambulance Cover and Other Acts Amendment Bill 2007 (3) Schedule, definition building common account exemption 1 (type 1), `33F, 47F or 74F'-- 2 omit, insert-- 3 `37C or 47F'. 4 (4) Schedule, definition building common account exemption 5 (type 2), `33G, 33H, 33I, 74G, 74H or 74I'-- 6 omit, insert-- 7 `37D, 37E or 37F'. 8 (5) Schedule, definition electricity customer, paragraph (a)-- 9 omit, insert-- 10 `(a) the relevant customer for a customer sale arrangement, 11 if the electricity retailer is the electricity retailer that 12 sells electricity to the customer; or'. 13 (6) Schedule, definition electricity customer, paragraph (d)-- 14 omit. 15 (7) Schedule, definition electricity sale arrangement, paragraph 16 (a)-- 17 omit, insert-- 18 `(a) a customer sale arrangement; or'. 19 (8) Schedule, definition electricity sale arrangement, paragraph 20 (d)-- 21 omit. 22 (9) Schedule, definition exempt arrangement, paragraph (a)-- 23 omit, insert-- 24 `(a) an exempt customer sale arrangement; or'. 25 (10) Schedule, definition exempt arrangement, paragraph (d)-- 26 omit. 27 (11) Schedule, definition government exemption, `34, 35, 36, 48, 28 49, 50, 60, 61, 62, 75, 76 or 77'-- 29 omit, insert-- 30 `37G, 37H, 37I, 48, 49, 50, 60, 61 or 62'. 31

 


 

s 31 45 s 31 Community Ambulance Cover and Other Acts Amendment Bill 2007 (12) Schedule, definition hot water system exemption, `33A, 47A 1 or 74A'-- 2 omit, insert-- 3 `35 or 47A'. 4 (13) Schedule, definition pensioner exemption, `31, 45, 58 or 5 72'-- 6 omit, insert-- 7 `32, 45 or 58'. 8 (14) Schedule, definition pump exemption, `33, 47 or 74'-- 9 omit, insert-- 10 `34 or 47'. 11 (15) Schedule, definition relevant electricity retailer, paragraph 12 (a)-- 13 omit, insert-- 14 `(a) for a customer sale arrangement--the electricity retailer 15 who sells electricity to the relevant customer for the 16 arrangement; or'. 17 (16) Schedule, definition relevant electricity retailer, paragraph 18 (d)-- 19 omit. 20 (17) Schedule, definition retirement village common account 21 exemption, `33E, 47E or 74E'-- 22 omit, insert-- 23 `37B or 47E'. 24 (18) Schedule, definition social security beneficiary, paragraph 25 (b)-- 26 omit, insert-- 27 `(b) the Veterans' Entitlements Act 1986 (Cwlth).'. 28 (19) Schedule, definition statement of levy liability, `5'-- 29 omit, insert-- 30 `4'. 31

 


 

s 32 46 s 35 Community Ambulance Cover and Other Acts Amendment Bill 2007 Part 3 Amendment of Electricity Act 1 1994 2 Clause 32 Act amended in pt 3 3 This part amends the Electricity Act 1994. 4 Clause 33 Amendment of s 318 (Street lighting with non-metered 5 connection point) 6 (1) Section 318, heading-- 7 omit, insert-- 8 `318 Particular unmetered street lighting'. 9 (2) Section 318(1)(a)-- 10 omit, insert-- 11 `(a) has an unmetered connection point or supply point for 12 the delivery of electricity; and'. 13 Clause 34 Amendment of s 319 (Other unmetered connection 14 points) 15 Section 319(1), from `under the National Electricity Rules'-- 16 omit, insert-- 17 `the premises has an unmetered connection point or supply 18 point for the delivery of electricity. 19 Example-- 20 a telephone booth'. 21 Clause 35 Insertion of new s 319A 22 After section 319-- 23 insert-- 24 `319A Particular watchman lights 25 `(1) This section applies to NMI premises that, when the FRC day 26 starts, consist only of a watchman light. 27

 


 

s 36 47 s 37 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(2) However, this section applies only if the financially 1 responsible retail entity for the premises is not an area retail 2 entity. 3 `(3) From the FRC day to the day prescribed under a regulation the 4 post-amended Act applies to a customer in relation to the 5 premises as if the customer were an excluded customer for the 6 premises. 7 `(4) Despite new sections 48A and 48B, the financially 8 responsible retail entity for the premises may provide 9 customer retail services to the customer for the premises.'. 10 Clause 36 Amendment of s 320 (Obligation to decide notified prices 11 for 2006-2007 financial year on basis of post amended 12 Act) 13 (1) Section 320, heading-- 14 omit, insert-- 15 `320 Obligation to decide notified prices for 2007-2008 16 financial year on basis of post-amended Act 17 (2) Section 320(1), from `for--'-- 18 omit, insert-- 19 `for customer retail services.'. 20 Part 4 Amendment of Electricity and 21 Other Legislation Amendment 22 Act 2006 23 Clause 37 Act amended in pt 4 24 This part amends the Electricity and Other Legislation 25 Amendment Act 2006. 26

 


 

s 38 48 s 39 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 38 Amendment of s 5 (Replacement of ss 23 and 23A of Act 1 No. 64 of 1994) 2 (1) Section 5, inserted section 23(2), `supply network'-- 3 omit, insert-- 4 `distribution entity's supply network'. 5 (2) Section 5, inserted section 23(3)-- 6 omit. 7 (3) Section 5, inserted section 23(4), (5) and (6)-- 8 renumber as inserted section 23(3), (4) and (5). 9 (4) Section 5, inserted section 23(6)-- 10 omit, insert-- 11 ` `(6) An excluded customer is a customer whose premises are 12 connected, or to be connected, to a distribution entity's supply 13 network that is not connected to the national grid.'. 14 (5) Section 5, inserted section 23(4), as renumbered, `subsection 15 (4)'-- 16 omit, insert-- 17 `subsection (3)'. 18 Clause 39 Amendment of s 13 (Replacement of ss 48-55C of Act No. 19 64 of 1994) 20 (1) Section 13, inserted section 48A(2), `, other than an excluded 21 customer'-- 22 omit. 23 (2) Section 13, inserted section 48A(3)-- 24 renumber as inserted section 48A(4). 25 (3) Section 13, inserted section 48A-- 26 insert-- 27 ` `(3) Despite subsection (2), a retail authority without a retail area 28 authorises its holder to provide customer retail services to an 29 excluded customer's premises only if the provision of the 30 services is required under the retail obligation. 31

 


 

s 39 49 s 39 Community Ambulance Cover and Other Acts Amendment Bill 2007 Note-- 1 For when the obligation applies, see section 48E(3).'. 2 (4) Section 13, inserted section 48B(b)-- 3 renumber as section 48B(c). 4 (5) Section 13, inserted section 48B-- 5 insert-- 6 `(b) the entity is not the area retail entity for the premises, 7 but the provision of the services is required under the 8 retail obligation; or'. 9 (6) Section 13, inserted section 48C(3), from `to the area'-- 10 omit, insert-- 11 `to a retail entity if-- 12 (a) the entity is the area retail entity for the premises; or 13 (b) all of the following apply-- 14 (i) the premises are NMI premises; 15 (ii) the customer is a small customer for the premises; 16 (iii) the customer has been, or the immediately 17 preceding customer for the premises was, a large 18 market customer for the premises.'. 19 (7) Section 13, inserted section 48D(1)(b)-- 20 omit, insert-- 21 `(b) the premises is, or is proposed to be, connected to a 22 supply network; and 23 (c) the customer is not a large market customer for the 24 premises.'. 25 (8) Section 13, inserted section 48D(3), `subsection (2)(b)'-- 26 omit, insert-- 27 `subsection (2)'. 28 (9) Section 13, inserted section 48D(3), `are not, or have never 29 been,'-- 30 omit, insert-- 31

 


 

s 40 50 s 40 Community Ambulance Cover and Other Acts Amendment Bill 2007 `are, are not or have never been'. 1 (10) Section 13, inserted section 48D(4)-- 2 insert-- 3 `supply network means a distribution entity's supply 4 network.'. 5 (11) Section 13, inserted section 48E(1), `This section'-- 6 omit, insert-- 7 `Subsection (2)'. 8 (12) Section 13, inserted section 48E-- 9 insert-- 10 ` `(3) If, under section 48C(3)(b), an excluded customer for 11 premises makes a retail services application to the financially 12 responsible retail entity for the premises, the entity must 13 provide the customer retail services applied for to the 14 premises.'. 15 (13) Section 13, inserted section 50-- 16 insert-- 17 ` `(3) In this section-- 18 supply network means a distribution entity's supply network.'. 19 (14) Section 13, inserted section 54(3), `non-DUOS charges'-- 20 omit, insert-- 21 `distribution non-network charges'. 22 Clause 40 Amendment of s 16 (Insertion of new s 55G and new ch 2, 23 pt 6A of Act No. 64 of 1994) 24 (1) Section 16, inserted section 55G(3), (4) and (5)-- 25 renumber as inserted section 55G(4), (5) and (6). 26 (2) Section 16, inserted section 55G(2)-- 27 omit, insert-- 28 ` `(2) The retailer must not enter into a negotiated retail contract, 29 unless it is entered into-- 30

 


 

s 41 51 s 41 Community Ambulance Cover and Other Acts Amendment Bill 2007 (a) for, or as part of, the program known as the `Solar cities 1 programme', administered by the Commonwealth's 2 Australian Greenhouse Office; or 3 (b) for, or as part of, a similar program prescribed under a 4 regulation; or 5 (c) in the other circumstances prescribed under a regulation. 6 `(3) If the retailer enters into a negotiated retail contract as 7 permitted under subsection (2)(a), (b) or (c), the retailer must 8 comply with the conditions prescribed under a regulation 9 for-- 10 (a) the provision of customer retail services under the 11 contract; and 12 (b) if the contract is for, or is part of, a program mentioned 13 in subsection (2)(a) or (b)--the carrying out of activities 14 under the program. 15 Maximum penalty--500 penalty units.'. 16 (3) Section 16, inserted section 55G(5) and (6), as renumbered, 17 `subsection (3)'-- 18 omit, insert-- 19 `subsection (4)'. 20 Clause 41 Amendment of s 22 (Amendment of s 90 (Deciding prices 21 for non-contestable customers) of Act No. 64 of 1994) 22 (1) Section 22(2), inserted section 90(1)(b)-- 23 omit. 24 (2) Section 22(2), inserted section 90(1)(c) and (d)-- 25 renumber as inserted section 90(1)(b) and (c). 26 (3) Section 22(2), inserted section 90(2A)(c)-- 27 omit, insert-- 28 `(c) they may include network charges; 29 (d) they can not be made for distribution non-network 30 charges.'. 31

 


 

s 42 52 s 43 Community Ambulance Cover and Other Acts Amendment Bill 2007 (4) Section 22(4), inserted section 90(10), definitions-- 1 omit, insert-- 2 `distribution non-network charges means charges of a 3 distribution entity, approved by the jurisdictional regulator 4 under the National Electricity (Queensland) Law, that-- 5 (a) are referable to a specific customer or retail entity 6 request; and 7 (b) do not include network charges. 8 Examples of distribution non-network charges-- 9 a deenergisation or disconnection fee 10 a reconnection fee 11 a meter test fee 12 network charges means charges of a distribution entity for-- 13 (a) distribution use of system charges for the use of a shared 14 supply network of the distribution entity; and 15 (b) any transmission use of system charges payable by the 16 distribution entity for the use of a transmission grid to 17 which the supply network is connected.'. 18 Clause 42 Amendment of s 25 (Insertion of new ch 4, pt 2, div 3 of 19 Act No. 64 of 1994) 20 Section 25, inserted section 91B(2)-- 21 omit, insert-- 22 ` `(2) However, indexation under this division only applies to prices 23 for customer retail services decided or fixed under section 24 90(1).'. 25 Clause 43 Amendment of s 30 (Replacement of ch 5, pts 1A-1C of 26 Act No. 64 of 1994) 27 (1) Section 30, inserted section 120H(1)(b)-- 28 omit, insert-- 29 `(b) can not be materially detrimental to anyone's interests.'. 30

 


 

s 43 53 s 43 Community Ambulance Cover and Other Acts Amendment Bill 2007 (2) Section 30, inserted section 120P-- 1 omit, insert-- 2 ` `120P Application of div 5 3 `This division applies if QCA proposes to amend an industry 4 code. 5 `120PA Required consultation for amendment 6 `(1) Before QCA may make the amendment it must prepare a draft 7 of the amendment and engage in the consultation prescribed 8 under a regulation. 9 `(2) However, subsection (1) does not apply if QCA considers the 10 amendment-- 11 (a) is needed urgently; or 12 (b) does not materially detriment anyone's interests; or 13 (c) is of an uncontroversial nature; or 14 (d) corrects an error. 15 `(3) To remove any doubt, it is declared that subsection (2)(d) 16 applies even if the correction is materially detrimental to 17 someone's interests. 18 `120PB Application of div 3 other than its consultation provision 19 `The provisions of division 3, other than section 120H, apply 20 to the amendment-- 21 (a) as if a reference in the provisions to making the code 22 were a reference to the making of the amendment; and 23 (b) as if a reference in the provisions to the code were a 24 reference to the amendment; and 25 (c) with other necessary changes.'. 26

 


 

s 44 54 s 44 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 44 Amendment of s 53 (Amendment of sch 5 (Dictionary) of 1 Act No. 64 of 1994) 2 (1) Section 53(2), inserted definition excluded customer, `section 3 23(3)'-- 4 omit, insert-- 5 `section 23(6)'. 6 (2) Section 53(2), inserted definition financially responsible retail 7 entity, paragraph (b), after `NMI premises'-- 8 insert-- 9 `and are, or are proposed to be, connected to a distribution 10 entity's supply network that is part of the national grid'. 11 (3) Section 53(2), inserted definition financially responsible retail 12 entity, paragraph (b)(ii), `other entity'-- 13 omit, insert-- 14 `other retail entity'. 15 (4) Section 53(2), inserted definition financially responsible retail 16 entity paragraph (b)(ii)(B), `the responsible entity.'-- 17 omit, insert-- 18 `the responsible entity; or 19 `(c) if the premises are NMI premises and are, or are 20 proposed to be, connected to a distribution entity's 21 supply network that is not part of the national grid-- 22 (i) generally--the retail entity who, from time to time, 23 provides customer retail services to a customer at 24 the premises; or 25 (ii) if a customer is a new customer at the premises and 26 has not entered into a retail contract with another 27 retail entity--the retail entity who provided 28 customer retail services to the customer at the 29 premises who immediately preceded the new 30 customer.'. 31 (5) Section 53(2), inserted definition large customer, `section 32 23(6)'-- 33 omit, insert-- 34

 


 

s 45 55 s 46 Community Ambulance Cover and Other Acts Amendment Bill 2007 `section 23(5)'. 1 (6) Section 53(2), inserted definition NMI premises, paragraph 2 1-- 3 omit, insert-- 4 `1 A premises, part of a premises or a group of premises is 5 an NMI premises if-- 6 (a) it is, or is proposed to be, connected to a 7 distribution entity's supply network that is part of 8 the national grid and the premises has, or is 9 proposed to have, a connection point; or 10 (b) it is, or is proposed to be, connected to a 11 distribution entity's supply network that is not part 12 of the national grid and the premises has, or is 13 proposed to have, a supply point for the delivery of 14 electricity.'. 15 (7) Section 53(2), inserted definition small customer, `section 16 23(4)'-- 17 omit, insert-- 18 `section 23(3)'. 19 Clause 45 Amendment of s 108 (Amendment of s 169 (Restriction 20 on general retailers) of Act No. 29 of 2003) 21 Section 108, after `scheme'-- 22 insert-- 23 `, an insufficiency of supply declaration or an insufficiency of 24 supply direction'. 25 Clause 46 Amendment of s 109 (Insertion of new s 170 of Act No. 29 26 of 2003) 27 Section 109, inserted section 170(b), after `scheme'-- 28 insert-- 29 `, an insufficiency of supply declaration or an insufficiency of 30 supply direction'. 31

 


 

s 47 56 s 48 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 47 Amendment of s 114 (Replacement of ch 3, pt 2 1 (Customer retail services) of Act No. 29 of 2003) 2 Section 114, inserted section 199, after `is made'-- 3 insert-- 4 `or a longer period agreed between the retailer and the 5 applicant'. 6 Clause 48 Amendment of s 145 (Insertion of new ch 5A of Act No. 29 7 of 2003) 8 (1) Section 145, inserted section 270G(1)(b)-- 9 omit, insert-- 10 `(b) can not be materially detrimental to anyone's interests.'. 11 (2) Section 145, inserted section 270O-- 12 omit, insert-- 13 ` `270O Application of pt 4 14 `This part applies if QCA proposes to amend an industry 15 code. 16 `270OA Required consultation for amendment 17 `(1) Before QCA may make the amendment it must prepare a draft 18 of the amendment and engage in the consultation prescribed 19 under a regulation. 20 `(2) However, subsection (1) does not apply if QCA considers the 21 amendment-- 22 (a) is needed urgently; or 23 (b) does not materially detriment anyone's interests; or 24 (c) is of an uncontroversial nature; or 25 (d) corrects an error. 26 `(3) To remove any doubt, it is declared that subsection (2)(d) 27 applies even if the correction is materially detrimental to 28 someone's interests. 29

 


 

s 49 57 s 50 Community Ambulance Cover and Other Acts Amendment Bill 2007 `270OB Application of pt 2 other than its consultation provision 1 `The provisions of part 2, other than section 270G, apply to 2 the amendment-- 3 (a) as if a reference in the provisions to making the code 4 were a reference to the making of the amendment; and 5 (b) as if a reference in the provisions to the code were a 6 reference to the amendment.'. 7 (3) Section 145, inserted section 270W(1)(a) to (c)-- 8 omit, insert-- 9 `(a) committed a material contravention of an industry code; 10 or 11 (b) attempted to a commit a material contravention of an 12 industry code; or 13 (c) been involved in a material contravention of an industry 14 code.'. 15 Clause 49 Amendment of schedule (Minor and consequential 16 amendments) 17 Schedule, under heading Gas Supply Act 2003-- 18 insert-- 19 `6A Section 257A-- 20 renumber as section 257AA.'. 21 Part 5 Amendment of Breakwater 22 Island Casino Agreement Act 23 1984 24 Clause 50 Act amended in pt 5 25 This part amends the Breakwater Island Casino Agreement 26 Act 1984. 27

 


 

s 51 58 s 51 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 51 Insertion of new s 3A 1 After section 3-- 2 insert-- 3 `3A Particular provisions of trustee leases 4 `(1) This section applies to the following (each a relevant lease)-- 5 (a) trustee lease 601414725; 6 (b) trustee lease 703470717; 7 (c) a trustee lease granted over-- 8 (i) if trustee lease 601414725 or 703470717 is 9 surrendered--the trust land to which it relates; or 10 (ii) if land is granted under a deed of grant in trust over 11 all or part of lot 676 on CP909884, however 12 described (the lot 676 trust land)--all or part of 13 the lot 676 trust land; or 14 (iii) a combination of the trust lands mentioned in 15 subparagraphs (i) and (ii); 16 (d) a trustee lease granted to replace 1 or more of the 17 relevant leases mentioned in paragraphs (a) to (c). 18 `(2) Each relevant lease may-- 19 (a) despite the Land Act 1994, section 61(1)3, be granted for 20 a period ending on 23 November 2063; and 21 (b) despite the Land Act 1994, section 58(1)4, allow the 22 trustee lessee of the relevant lease to rent berthing or 23 mooring facilities on the leased land-- 24 (i) under a licence or other similar arrangement; and 25 (ii) only with the written approval of, and on the 26 conditions decided by, the trustee of the trust land 27 to which the relevant lease relates. 28 3 Land Act 1994, section 61 (Conditions on trustee leases and trustee permits) 4 Land Act 1994, section 58 (Other transactions relating to trustee leases)

 


 

s 52 59 s 54 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(3) Subsection (2) applies, and is taken always to have applied, to 1 a relevant lease granted before the commencement of this 2 section. 3 `(4) In this section-- 4 deed of grant in trust see the Land Act 1994, schedule 6. 5 trustee lease see the Land Act 1994, schedule 6. 6 trust land see the Land Act 1994, schedule 6.'. 7 Clause 52 Renumbering of ss 3A and 4 8 Sections 3A and 4-- 9 renumber as sections 4 and 5. 10 Part 6 Amendment of Lotteries Act 11 1997 12 Clause 53 Act amended in pt 6 13 This part amends the Lotteries Act 1997. 14 Clause 54 Amendment of s 130 (Amendment of prizes) 15 (1) Section 130-- 16 insert-- 17 `(4A) A lottery licensee may also pay a prize to a person if, after 18 appropriately investigating the person's claim, having regard 19 to the value of the prize being claimed, the licensee is satisfied 20 the person is entitled to the prize even though-- 21 (a) the person is not registered with the licensee; and 22 (b) the person does not give the licensee the winning lottery 23 ticket for the prize. 24

 


 

s 55 60 s 55 Community Ambulance Cover and Other Acts Amendment Bill 2007 `(4B) Without limiting subsection (5), appropriately investigating 1 the person's claim may include investigating all or any of the 2 following-- 3 (a) when, where and from whom the person claims to have 4 obtained the winning lottery ticket; 5 (b) whether the person can establish a pattern of buying 6 lottery tickets at a particular time and place or on a 7 particular day of the week; 8 (c) whether the lottery licensee or lottery agent who sold 9 the winning lottery ticket has any video or other record 10 of the person's purchase of the ticket; 11 (d) whether the person has previously claimed a prize 12 without holding the winning lottery ticket.'. 13 (2) Section 130(4A) to (5)-- 14 renumber as section (5) to (7). 15 Clause 55 Insertion of new pt 12, div 5 16 After section 251-- 17 insert-- 18 `Division 5 Transitional provision for 19 Community Ambulance Cover and 20 Other Acts Amendment Act 2007 21 `252 Payment of prizes--s 130 22 `Section 130(5) and (6) is taken to apply, and to have always 23 applied, to an approved lottery conducted during the 24 following period immediately before the commencement of 25 this section-- 26 (a) if the approved lottery is prescribed under a regulation 27 as a designated lottery for section 129--3 years; or 28 (b) if paragraph (a) does not apply--7 years.'. 29

 


 

s 56 61 s 58 Community Ambulance Cover and Other Acts Amendment Bill 2007 Part 7 Amendment of State Financial 1 Institutions and Metway Merger 2 Facilitation Act 1996 3 Clause 56 Act amended in pt 7 4 This part amends the State Financial Institutions and Metway 5 Merger Facilitation Act 1996. 6 Clause 57 Amendment of s 64 (Metway group companies' articles to 7 include certain provisions) 8 (1) Section 64(1)(b)-- 9 omit, insert-- 10 `(b) at least the prescribed number of the directors of the 11 company, 1 of whom must be the managing director, to 12 be ordinarily resident in Queensland.'. 13 (2) Section 64-- 14 insert-- 15 `(3) In this section-- 16 prescribed number of the directors of the company means the 17 number that is the greatest of the following-- 18 (a) 5; 19 (b) 40% of the total number of directors; 20 (c) if 40% of the total number of directors is not a whole 21 number, the next highest whole number.'. 22 Part 8 Amendment of Integrated 23 Planning Act 1997 24 Clause 58 Act amended in pt 8 25 This part amends the Integrated Planning Act 1997. 26

 


 

s 59 62 s 62 Community Ambulance Cover and Other Acts Amendment Bill 2007 Clause 59 Amendment of s 3.7.8 (When pt 7 does not apply) 1 Section 3.7.8(1)-- 2 insert-- 3 `(e) the acquisition of land for a water infrastructure 4 facility.'. 5 Clause 60 Amendment of sch 8 (Assessable development and 6 self-assessable development) 7 Schedule 8, part 1, table 3, item 1, column 2-- 8 insert-- 9 `(j) is in relation to the acquisition of land for a water 10 infrastructure facility.'. 11 Clause 61 Amendment of sch 9 (Development that is exempt from 12 assessment against a planning scheme) 13 Schedule 9, table 3, item 2, column 2-- 14 insert-- 15 `(i) is in relation to the acquisition of land for a water 16 infrastructure facility.'. 17 Clause 62 Amendment of sch 10 (Dictionary) 18 Schedule 10-- 19 insert-- 20 `water infrastructure facility means a measure, outcome, 21 works or anything else that Queensland Water Infrastructure 22 Pty Ltd (ACN 119 634 427) is directed to carry out or achieve 23 under-- 24 (a) the State Development and Public Works Organisation 25 Act 1971; or 26 (b) the Water Act 2000.'. 27

 


 

State of Queensland 2007

 


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